Digital Commons Network^™

Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins

Neal E. Devins

No abstract provided.

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Davison M. Douglas

No abstract provided.

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Davison M. Douglas

No abstract provided.

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

Davison M. Douglas

No abstract provided.

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Davison M. Douglas

No abstract provided.

The End Of Busing?, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Is Quality Public Education Guaranteed By The Constitution?, Alan E. Garfield

Alan E Garfield

No abstract provided.

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Laura Rothstein

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Aric Short

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …

The Supreme Court And Public Schools, Erwin Chemerinsky

Erwin Chemerinsky

Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.

Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson

Miranda B Johnson

No abstract provided.

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

Shakira D. Pleasant

No abstract provided.

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Laura R. McNeal

No abstract provided.

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose

Meg Penrose

Article Extract:

I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising …

From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell

Cedric M. Powell

As we commemorate the inspiring legacy of Minnie Liddell and countless liberation activists who struggled for substantive equality in education for generations, it is appropriate to reflect on the current state and future of urban education. The school desegregation (integration) movements in Louisville, Kentucky and St. Louis, Missouri can best be understood as two distinct permutations of the Process Theory. In Louisville, the process-orientation tilts toward individual choice—neighborhood schools are at the core of all of the discussions about student assignment plans. Conversely, in St. Louis, the seminal process initiative is charter schools. Neither processual outcome addresses the present day …

Recovering Subsidiarity In Family Life Education, Karen Jordan

Karen A. Jordan

This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …

I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore

Sean Seymore

No abstract provided.

Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk

Herwig Schlunk

No abstract provided.

Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein

Laura Rothstein

No abstract provided.

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …

Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose

Meg Penrose

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman

Victoria J. Haneman

No abstract provided.

Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern

James Heilpern

No abstract provided.

Planned Parenthood V. Clark County School District: "Having Your Cake And Eating It Too" In Public School Free Speech Cases, Curtis Anderson

Curtis Anderson

No abstract provided.